#BombayHighCourt will continue hearing the plea filed by #bhimakoregaon accused Dr. Varavara Rao’s wife seeking court’s intervention in violation of his fundamental right to health by the State and jail authorities with the application for bail on medical grounds.
@NIA_India
@NIA_India
Bench of Justices SS Shinde and Manish Pitale will hear the submissions made by Sr Adv Indira Jaising today.
Sr Adv Anand Grover concluded his submissions yesterday.
Sr Adv Anand Grover concluded his submissions yesterday.
Hearing begins.
Grover submits an affidavit filed by the nephew of Rao.
Court asks if the affidavit is filed in the petition or the bail application.
Court asks if the affidavit is filed in the petition or the bail application.
Adv Sandesh Patil appearing for NIA submits that challenge in the bail application is to the bail order and there is no mention of Taloja prison infrastructure in the order.
He submitted that additionally the nephew who has filed the affidavit is not a party to the proceeding hence he has no locus to file the affidavit.
Jaising continues making her submissions from her written submissions.
Jaising: Denying right to health to a prisoner is cruelty.
Court: where is the word cruelty used?
Court: where is the word cruelty used?
Jaising points out the judgment of Charles Sobraj which dealt with the cruel confinements in detention.
Court: If the State is ready to take care of him then what is your response?
Court: If the State is ready to take care of him then what is your response?
Jaising: my first proposition is my apprehension that his health will deteriorate in Taloja.
Jaising: My second contention is that his health is incompatible with detention.
We are dealing with an 82 yr old prisoner. I am also above 80..
Jaising: My second contention is that his health is incompatible with detention.
We are dealing with an 82 yr old prisoner. I am also above 80..
Court: And we have you as an example before us. You are standing here before us arguing so vehemently.
Jaising: and what would life imprisonment mean for an 80yr old man? I know it will affect a 25 Yr old..
What is the purpose of detention? The idea is to reform them and put them back in the society.
What is the purpose of detention? The idea is to reform them and put them back in the society.
Court: Apprehension is that a person will tamper with evidence and witness, in this case chargesheet is filed.
Apprehension is that he may flee. But then he cannot even walk.
Apprehension is that he may flee. But then he cannot even walk.
Court asks Adv Sandesh Patil to apprise the court on the dates of the lower court.
Patil submits that the next date is 27 of this month but the framing of charges is taking time because of the applications filed by the accused.
Patil submits that the next date is 27 of this month but the framing of charges is taking time because of the applications filed by the accused.
Court is informed that there are over 200 witnesses.
Jaising: When they say there are 200 witnesses they are effectively saying he will be detained till his death.
Very few people have the pleasure of seeing end of life.
Jaising: When they say there are 200 witnesses they are effectively saying he will be detained till his death.
Very few people have the pleasure of seeing end of life.
Court: problem is the stringent provision of the Act itself.
Jaising: one of the reasons why Varavara Rao has improved is that he can meet his family members. Because of the order of this court. And they are also meeting him almost everyday.
Jaising: There is a letter he has written to his wife where he said his wife died 15 yrs ago.
Of course now he has met her, but there was a dip in his mental condition.
Of course now he has met her, but there was a dip in his mental condition.
Jaising: this is the condition of people with dementia. What is dementia ? It is not having awareness of time, space and people around you.
Jaising: His character is again important here. He has stood trial in 24 cases and he was acquitted in all cases.
Jaising: There is proximity of people in jail and over crowding hence there is a spread of contagious diseases. Skin ailments is very common in prisons.
Jaising now proceeds to read a judgment of Arun Mishra.
Jaising tames a minute break. Points out to the court that in Virtual hearings, the arguments have become shorter.
Court: bail application on merits was before filing of chargesheet or after?
Jaising: it was after. There after the first medical bail was filed on the apprehension of COVID. But that was rejected under Sec 43 D UAPA.
Jaising: it was after. There after the first medical bail was filed on the apprehension of COVID. But that was rejected under Sec 43 D UAPA.
Jaising: The second application was filed after the second guidelines came out to let applications for bail be heard on case to case basis.
Jaising: that was also rejected.
The application of Sec 437 for bail can be considered under UAPA. If the special act does not provide medical bail then Bail can be given under crpc.
The application of Sec 437 for bail can be considered under UAPA. If the special act does not provide medical bail then Bail can be given under crpc.
Jaising: if bail is not given under art 21 then that would imply that even on your death bed you cannot get bail.
Court: What was the decision in Rajasthan High Court? Because what you are saying is continuing detention will amount to cruelty. Then what do you have to say if the State will provide all facilities.
Jaising: What we are saying is that the continued detention is of a person in a condition the present accused is.
I am sure that NIA will say look at the gravity of the offence. But in the previous replies they have not denied the medical conditions.
I am sure that NIA will say look at the gravity of the offence. But in the previous replies they have not denied the medical conditions.
Court: These grounds for bail on merits were rejected till the Supreme Court. But if you are limiting your arguments to medical grounds then you are saying that there is no way he is fleeing justice in his condition, is it?
Jaising asks Adv R Satyanarayanan to clarify.
He points out that the bail application in the Pune court was rejected and that was challenged in High Court and that is still pending.
So it has not travelled till Supreme Court.
He points out that the bail application in the Pune court was rejected and that was challenged in High Court and that is still pending.
So it has not travelled till Supreme Court.
Court: An apprehension is when he travels to Hyderabad and then if he engages in those alleged activities then what happens?
We have read somewhere that there is incriminating material which points out that he may be working against the existing government.
We have read somewhere that there is incriminating material which points out that he may be working against the existing government.
Jaising: milords what is important is that it was found from the computer. For an alleged assassination.
Why would I write a letter about assassination and keep it in my computer?
Why would I write a letter about assassination and keep it in my computer?
Jaising: Also if he is to go back to Hyderabad he may be house bound.
Court: then that would be house arrest.
Jaising: I deliberately did not use the word arrest.
Court: then that would be house arrest.
Jaising: I deliberately did not use the word arrest.
Jaising: we were all house arrested during COVID
Court: but then that was because of COVID not police.
Court: but then that was because of COVID not police.
Court: What were the nature of those 21’cases? Sorry, 24.
Jaising: All cases alleging conspiracy. It is easy to slap charges.
They know they cannot prove those charges.
Jaising: All cases alleging conspiracy. It is easy to slap charges.
They know they cannot prove those charges.
Jaising: They pin point one person. Accused is an easy target here. He writes openly. You can see his poems.
Jaising: right now I am submitting that all parameters in this case will have to be complied with and then orders can be passed.
Jaising submits on the duration of the bail. She states that considering the nature, the age and health he could be given temporary bail for 3 months and then@keep the application pending .
Court: our difficulty is that the present report says he can be discharged.
Court: our difficulty is that the present report says he can be discharged.
Court: and capable of self care.
Jaising: but we don’t know milord. To be honest I was not sure he will get better, but he did.
For all we know this court’s order may have saved him.
Jaising: but we don’t know milord. To be honest I was not sure he will get better, but he did.
For all we know this court’s order may have saved him.
Jaising: and can NIA guarantee that the trial will get over in 6 months.
I as an 80 yr old if I am told will be given life imprisonment I will laugh and ask how long will I live because I know I won’t last beyond 4-5 yrs
I as an 80 yr old if I am told will be given life imprisonment I will laugh and ask how long will I live because I know I won’t last beyond 4-5 yrs
Jaising reads text from the ICCPR.
She also informs the court that she will be referring to the UDHR; ICESR and the indian protection of human rights act of 1993.
Justice Shinde asks Jaising to clarify what is human rights and what is the origin of human rights.
Justice Shinde: simply put himan rights include everything, food shelter, life, part III of constitution is also uiman rights.
Jaising: Many authors have written that these fundamental rights are inherent.
Justice Shinde points out about some Persian king who upheld rights of prisoners. This is of course subject to Mr Satyanarayanan’s research.
Justice Pitale also asks him to submit a short note on the applications filed and which are pending.
Justice Pitale also asks him to submit a short note on the applications filed and which are pending.
Referring to a few European judgments, Jaising submits that the Taloja jail had not taken care pertaining to the catheter. He contracted a UTI which is drug resistant.
Jaising is now reading MOUISEL v. FRANCE. She is referring to the portion on elderly prisoners and care to be taken.
Read judgment here: globalhealthrights.org/wp-content/upl…
Read judgment here: globalhealthrights.org/wp-content/upl…
Jaising: everyone has the right to live the last few years in dignity.
No penological purpose will be served by keeping Rao in continued detention.
No penological purpose will be served by keeping Rao in continued detention.
Jaising asks the court to note the two ECHr judgments which point out that medical condition is incompatible with incarceration.
Jaising concludes her submissions.
Court asks Chief PP Deepak Thakare to reply to the application.
Justice Shinde: His submissions maybe shorter.
Justice Shinde: His submissions maybe shorter.
Thakare: As has fallen from the court to argue on human grounds, and what has come from the court, subject to the arguments of Mr Singh, I have been instructed to make this submission.
Rao will be shifted to prison ward in JJ hospital. And he will be given all care.
Rao will be shifted to prison ward in JJ hospital. And he will be given all care.
Thakare: His family members will be allowed to visit subject to the protocols and the treatment which is given in Nanavati will continue.
These are my instructions, rest is subject to ASG’S arguments.
These are my instructions, rest is subject to ASG’S arguments.
ASG submits that he will commence his submission on the next date.
Hearing ends. The matter will be listed on Wednesday for hearing.
Hearing ends. The matter will be listed on Wednesday for hearing.
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